@article{ART001733514},
author={ choi sungho },
title={A Guarantor’s Subrogation Payment and the Preference in Dividend Procedure},
journal={Dankook Law Riview},
issn={1738-3242},
year={2012},
volume={36},
number={2},
pages={537-570},
doi={10.17252/dlr.2012.36.2.020},
url={http://dx.doi.org/10.17252/dlr.2012.36.2.020}

TY - JOUR
AU - choi sungho
TI - A Guarantor’s Subrogation Payment and the Preference in Dividend Procedure
T2 - Dankook Law Riview
PY - 2012
VL - 36
IS - 2
PB - Institute for legal study
SP - 537-570
SN - 1738-3242
AB - In order to secure the effectiveness of right of indemnity which the third party who repaid for the obligor, or a co-obligor has to an obligor, naturally the right which the creditor had to the obligor by a payment person’s right-of-indemnity within the limits transfers to a payment person. This is the effect of the subrogation by payment. On the other hand, since a guarantor pays a debt himself, in payment, it is an obligor and is not a third party, but in the subrogation by payment, it is treated of a third party. The writer inquired focusing on the Supreme Court judicial precedent in this paper. I think that I will show the standard over preference dividends, such as a creditor and a subrogation payment person, in the auction procedure started by the contents of the right and the execution of a flexible mortgage which are inherited with the effect of subrogation payment when two or more guarantors do subrogation payment of some debts at the time not to be the same. It is said that the Supreme Court judicial precedent carries out quasi co-ownership of the flexible mortgage in proportion to the amount of money repaid when two or more guarantors set aside time and did every subrogation payment in part at a creditor. However, if a creditor does not have a special situation, he will have priority over a subrogation payment person etc., and will receive payment. In the dividend procedure started by a creditor performing a flexible mortgage, a creditor gives priority to own residual claim amounts over a subrogation payment person etc., is paid, and it calls subrogation payment persons a principle that a dividend is paid in the limit of the amount of money which remains in proportion to each amount of money which carried out subrogation payment. However, the dividend method is changed by agreement when it promises independently about the ranking of a subrogation payment person and payment, or dividend appropriation in part. When assigning by such a method, the irrational result which changes the right of priority payment to a subrogation payment person and the priority between subrogation payment persons by a part of what kind of flexible mortgage a creditor transfers to the guarantor who did subrogation payment among two or more flexible mortgages occurs. Some creditors have priority over a subrogation payment person, and two or more subrogation payment persons think it appropriate to interpret it as it being in an equivalent status mutually. And it has a problem that other guarantors’ status is determined as a matter of fact as a creditor by substitution’s agreement in part.
KW - 대위변제(Subrogation payment), 배당(Dividend), 경매절차(Auction procedure),보증인(Guarantor), 근저당권(Flexible mortgage)
DO - 10.17252/dlr.2012.36.2.020
UR - http://dx.doi.org/10.17252/dlr.2012.36.2.020
ER -

choi sungho . 2012, “A Guarantor’s Subrogation Payment and the Preference in Dividend Procedure”, Dankook Law Riview, vol. 36, no. 2, pp. 537-570. Available from: doi:10.17252/dlr.2012.36.2.020

choi sungho “A Guarantor’s Subrogation Payment and the Preference in Dividend Procedure” Dankook Law Riview 36.2 pp. 537-570 (2012): 537.

choi sungho . A Guarantor’s Subrogation Payment and the Preference in Dividend Procedure Dankook Law Riview [Internet]. 2012; 36( 2), : 537-570. Available from: doi:10.17252/dlr.2012.36.2.020

choi sungho . “A Guarantor’s Subrogation Payment and the Preference in Dividend Procedure” Dankook Law Riview 36, no.2 (2012): 537-570. doi: 10.17252/dlr.2012.36.2.020